What Are Your Rights as an AirBnb Host in New South Wales?

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It can be fun to participate in Airbnb by offering a part of your home for rent. This can open up an opportunity for you to meet new people from your local area or from around the world. However, deciding to Airbnb a room or a part of your home is a big decision that should not be taken lightly. There are specific requirements that must be met, both legally and in conjunction with acting as an Airbnb provider. Once you understand all of your obligations using Airbnb to rent some or a part of your home can be an exciting adventure.

Registering Your Property

Firstly, it is important to understand that you cannot participate in Airbnb unless you are registered to do so. You must do the following;

  • Register as a Short-Term Accommodation Rental Accommodation (‘STRA’) on the Department of Planning, Industry and Environment’s STRA register. This link will provide you with more information regarding registering your home, or a part of your home,  as a short-term rental
  • Review the Code of Conduct for all Airbnb renters
  • Review your local laws regarding engaging in short-term property rental
  • Take into consideration all planning laws in your area that may apply to Airbnb rentals
  • Review your community standards for a strata or community land scheme to make sure that you and your guests remain in compliance at all times.

Airbnb Code of Conduct

Airbnb has a specific code of conduct that must be adhered to. The code includes the following requirements;

  • The listed property must be consistent with the pictures provided online
  • The property must be clean and in good working order
  • Contact information must be provided within the rented space of the host
  • Emergency service providers must be printed and readily available, including plumbers, electricians, local urgent care providers, and 000 emergency services
  • The rules and any bylaws that apply to the use of the premises
  • The rights and obligations of the parties are clearly stated
  • A statement of how any disputes that arise will be handled
  • Refund policies

While it is not required, many Airbnb providers also make local information available to guests such as;

  •  Local supermarkets, restaurants, and shopping
  • Available sites to see including beaches, museums, and amusement parks nearby

Neighborly Obligations

If you are using your home, or part of your home, as a short-term rental via Airbnb, it is important and necessary to keep your neighbors informed of your actions. This fosters a good relationship between you and your neighbors. Neighbors can become uncomfortable if they see strangers coming and going from the neighborhood regularly. If you have direct neighbors, be sure that they have your contact information and a general idea of the schedule of your rental.

Next, it is important to remind your guests that this is a residential area where people reside permanently. Unlike a hotel environment, not everyone is vacationing. There are people around who need to get up and go to work in the morning and children who are going to be early to get up and go to school in the morning. It is necessary to note to guests that this rental does not allow for loud noise or disruptive behavior into the late evening.

Insurance and Local Laws

There are specific insurance requirements and local laws that apply to all Airbnb participants. These can vary depending upon the type of Airbnb you are renting, i.e. an entire home, a granny flat, or a single room. In addition, your homeowner’s insurance may not cover Airbnb occurrences, accidents, injuries, thefts, etc. As such, it is important to review what insurance coverage you have and how it will need to be updated and/or added to, to meet the requirements of renting via Airbnb.

Becoming an Airbnb participant can be fun, exciting and lucrative. However, before doing so speak with a solicitor and a local realtor and an insurance expert so that they can advise you regarding all of the local ordinances, rules, regulations, insurances and laws that will apply to your participation.

If you find yourself in need of assistance, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.



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